Stone County National Bank
Internet Banking Disclosure and Disclaimer
Agreement -
This agreement, which includes the Application Form, is a contract, which establishes the
rules, that covers your electronic access to your account(s) at Stone County National Bank
through online banking. By using Stone County National Banks online banking, you accept
all the terms and conditions of this agreement. Please read carefully.
The terms and conditions of the deposit agreements and disclosures for each of your SCNB
accounts, as well as your other agreements with SCNB, such as loans continue to apply
notwithstanding anything to the contrary in this Agreement.
This Agreement is also subject to applicable federal laws and the laws of the State of
Missouri (except to the extent this agreement can and does vary such rules or law). If any
provision of this Agreement is found to be unenforceable according to its terms, all
remaining provisions will continue in full force and effect. The headings in this
Agreement are for convenience or reference only and will not govern the interpretation of
the provisions. Any waiver (express or implied) by either party of any default or breach
of this Agreement must be in writing and shall not constitute a waiver of any other or
subsequent default or breach. You may not assign this Agreement. This Agreement is binding
upon your heirs and SCNB successors and assigns. Certain of the obligations of the parties
pursuant to this Agreement that by their nature would continue beyond the termination,
cancellation or expiration of this agreement shall survive termination, cancellation or
expiration of this agreement. This Agreement, together with the Application Form,
constitutes the entire agreement between you and SCNB with respect to the subject matter
hereof and there are no understandings or agreements relative hereto which are not fully
expressed herein.
Definitions -
As used in this Agreement, the words "we", "our, us" and
"SCNB" mean Stone County National Bank. "You" and your"
refer to the accountholder authorized by SCNB to use the SCNB Internet banking under this
Agreement and anyone else authorized by that accountholder to exercise control over the
accountholder's funds through SCNB Internet banking. "Account" or
"accounts" means your accounts at SCNB. "Electronic funds transfers"
means ATM withdrawals, pre-authorized transactions, point-of-sale transactions, and
transfers to and from your SCNB accounts using SCNB Internet banking to include Bill Pay
if and when that feature is included. SCNB Internet banking means the service
provided pursuant to this Agreement, including Bill Pay if and when that feature is added.
"Business days" means Monday through Friday. Holidays are not included. Your
computer, software and the related equipment are referred to collectively as your
"Computer".
Access -
To use SCNB Internet banking, you must be the owner or authorized signer of all accounts
that you are requesting account access, and have access to Internet service. Once we have
received your application, and verified your account information, we will supply you with
a temporary password. Access to your accounts through SCNB Internet banking will be based
upon the Social Security Number of the user on the Application form. SCNB shall have no
responsibility or obligation whatsoever to monitor transactions through SCNB Internet
banking to determine that they are made on behalf of the accountholder. Principals and/or
Account Owners of two signatures required accounts recognize that any requirements of
verifying two signatures does not pertain to electronic transfers, including online bill
payments. The issuance of Access Codes (Passwords) does not allow dual or multiple
signature limitations on transfers or withdrawals. Dual or multiple signature requirements
established on an account are waived as to transactions performed on the SCNB Internet
banking system by use of Access Codes.
The Principals and/or Account Owners hereby releases and agrees to hold harmless, Stone
County National Bank, its officers, directors or employees from any loss, damages or costs
resulting from SCNB Internet banking systems transactions involving dual or multiple
signature accounts.
SCNB Internet Banking Services -
You can use SCNB Internet banking to check the balance of your SCNB accounts, view SCNB
account histories, transfer funds between your SCNB accounts, make regular loan payments,
check pending activity, reconcile accounts anytime without waiting for a statement in the
mail, receive e-mail alerts when your account reaches a balance you designate, and
download information into Microsoft Money ® or Quicken ®. Funds must be available in the
account from which you wish to transfer or pay bills on the date you submit the
transactions. If your account does not have sufficient funds to complete a transfer, the
transfer will not be completed.
Under Federal Reserve Board Regulation D -
You may make an unlimited number of deposits or transfers into a savings or money market
account; however, you may make no more than six (6) withdrawals or transfers out of such
an account per statement cycle (not counting transactions made at ATMs, in-person
transactions or automatic transfers). Transfers made by telephone and personal computers
are counted toward the six (6) total permitted withdrawals or transfers out per statement
cycle. If you exceed the restrictions more than three times during a twelve (12) month
period, we may close the savings or money market account and transfer the funds to a
checking account.
Hours of Access -
You can use SCNB Internet banking seven days a week, twenty-four hours a day, although
some or all services may not be available occasionally due to problems arising in
connection with transmissions over the Internet, emergency or scheduled system
maintenance.
Your Password -
For security purposes, you are required to change your password upon your initial login to
SCNB Internet banking. You determine what password you will use. The identity of your
password is not communicated to us. You agree that we are authorized to act on any and all
instructions received under your password. You accept responsibility for the
confidentiality and security of your password.
We recommend that you create a password consisting of 6 characters that utilize both upper
and lower case alpha and numeric characters for purposes of security. Your password should
not be associated with any commonly known personal identification, such as social security
numbers, address, date of birth, names of children, and should be memorized rather than
written down. It is also recommended that you change your password regularly.
Security -
You understand the importance of your role in preventing misuse of your accounts through
SCNB Internet banking and you agree to promptly examine your paper statement for each of
your SCNB accounts as you receive it. You agree that it is your sole responsibility to
protect the confidentiality of your account and account number, and your personal
identification information, such as your driver's license number and social security
number. You understand that personal identification information by itself or together with
information related to your account, may allow unauthorized access to your account. Your
password and login ID are intended to provide security against unauthorized entry and
access to your accounts. Data transferred via SCNB Internet banking is encrypted in an
effort to provide transmission security, and SCNB Internet banking utilizes identification
technology to verify that the sender and the receiver of SCNB Internet banking
transmissions can be appropriately identified by each other. Our system automatically
encrypts your confidential information in transit from your computer to ours using the
Secure Sockets layer protocol (SSL) with an encryption key length of 128-bits (the highest
level commercially available). Once your information reaches us, it resides on a server
that is heavily guarded both physically and electronically. Those servers sit behind an
electronic firewall and are not directly connected to the Internet, so your private
information is available only to authorized computers. Not withstanding our efforts to
ensure that the SCNB Internet banking system is secure, you acknowledge that the Internet
is inherently insecure and that all data transfers, including e-mail, occur openly on the
Internet and potentially can be monitored and read by others. We cannot and do not warrant
that data transfers utilizing SCNB Internet banking, or e-mail transmitted to and from us,
will not be monitored or read by others. Messages sent via email are not encrypted;
therefore, we recommend that you do not include any sensitive information such as your
social security number or account numbers. SCNB will never request confidential
information through e-mail and please report any such requests to us immediately.
Fees and Charges -
The service is free for setting up, maintaining and using the SCNB Internet banking
service for both personal and business accounts. You understand that you are responsible
for telephone and Internet service fees you incur in connection with your use of SCNB
Internet banking. You agree to pay the fees and charges associated with your checking and
or savings account as set forth in the current fee schedule as it may be amended from time
to time on 21 days notice to you. You agree to pay any additional reasonable charges for
services you request, which are not covered by this agreement.
Privacy and Confidentiality -
Stone County National Bank is strongly committed to protecting your security and
confidentiality. To ensure privacy for your account information while you are online, you
must provide both your account password and login. If after 5 attempts you fail to access
your account, the system will automatically require a password reset, and it will
necessary for you to call our office at (417) 723-5525 to have a temporary password issued
to you. Upon reentry to the site with your new temporary password, you will be prompted to
change that password to your new permanent password. Additional security features are time
out logoffs. If after 10 minutes there has been no activity, the system will automatically
log you off. If your online account has not been accessed for a period of 90 days, your
password will not be accepted, and you will need to call us at (417) 723-5225 to have a
temporary password issued to you.
You are also assured that we will guard your information from third parties except for the
following situations:
1. When it is necessary to complete a transfer as requested by you.
2. In order to verify the existence and condition of your account for a third party, such
as a credit bureau or merchant when you have authorized the disbursement of such
information.
3. In order to comply with laws, government agency rules or orders, court orders,
subpoenas or other legal processes.
4. In order to give information to any government agency or official having legal
authority to request such information.
5. If you give us written permission.
Posting of Transfers -
SCNB will make reasonable efforts to see that transfers initiated through SCNB Internet
banking before 3:00 P. M. CST on a business day are posted to your account the same day.
Transfers completed after 3:00 P. M. CST on a business day, Saturday, Sunday or banking
holiday, will be posted on the next business day.
Limitation of Liability -
Except as otherwise provided in this agreement or by law, we are not responsible for any
loss, injury, or damage, whether direct, indirect, special or consequential, caused by the
SCNB Internet banking service or the use thereof or arising in any way out of the
installation, operation, or maintenance of your computer.
Equipment -
You are solely responsible for the equipment (including, in the case of SCNB Internet
banking, your personal computer and software) you use to access the services. We are not
responsible for errors, delays or your inability to access the services caused by your
equipment, cost of upgrading your equipment to stay current with the services, or under
any circumstances for any damage to your equipment or the data resident thereon. It is
recommended that you use a computer with Internet access that has a browser that supports
128-bit encryption, either Microsoft Explorer 5.5 SP #2 or Netscape 4.75. You are
responsible for any errors or failures caused by any malfunction of your computer,
problems relating to your Internet Service Provider including downtime, and we cannot be
responsible for any virus or related problems that result from the connection of your
computer to the Internet.
Virus Protection -
You agree that SCNB is not responsible for any electronic virus that you may encounter
using SCNB Internet banking. Routinely scan your PC and diskettes using any reliable virus
protection product to detect and remove any viruses found. Undetected or unrepaired
viruses may corrupt and destroy your programs, files and even your hardware. Additionally,
you may unintentionally transmit the virus to other computers.
New Services -
From time to time, Stone County National Bank may expand the services we offer our online
banking customers. When such services become available, we will update this Agreement and
notify you of the new service. By using online banking after the new services are
available, you agree to be bound by the terms contained in the revised Agreement.
Authorization to Charge Accounts -
You are responsible for all transfers you or your authorized representative make using
SCNB Internet banking. You authorize us to debit your designated account(s) for any
transactions completed with SCNB Internet banking. You agree that we may comply with
transfer instructions entered by any one person using an authorized Login Name and
Password, regardless of the restrictions placed at the account level. If you permit
another person to use SCNB Internet banking or give them your Login Name and Password, you
are responsible for transfers or advances that person makes from the deposit and loan
accounts linked to your online application even if that person exceeds your authorization.
Canceling a Transfer-
You may use your computer to cancel an online transfer request that you have initiated to
your account(s) at SCNB. Cut off time for canceling is 2:00 P.M. on the date when your
payment is to occur (transaction date).
Limits on Amounts and Frequency of SCNB Internet Banking Transactions -
The number of transfers from SCNB accounts and the amounts, which may be transferred, are
limited pursuant to the terms of the applicable deposit agreement and disclosure for those
accounts. If a hold has been placed on deposits made to an account from which you wish to
transfer funds, you cannot transfer the portion of the funds held until the hold expires.
Periodic Statements -
You will not receive a separate SCNB Internet banking statement. Transfers to and from
your accounts using SCNB Internet banking will appear on the respective periodic paper
statement for your SCNB accounts.
Preauthorized Payments - Right to stop payment and procedures for doing so-
If you have told us in advance to make regular payments out of your account, you can stop
any of these payments. Here is how: Call us at the number listed below or write us at the
address listed below in time for us to receive your request three business days or more
before the payment is scheduled to be made. If you call we may also require you to put
your request in writing and get it to us within 14 days after you place the stop payment.
Stone County National Bank
P. O. Box 402
Crane, Missouri 65633
(417) 723-5225
Liability for Failure to Stop Payment of Preauthorized Transfer -
If you order us to stop one of these payments three business days or more before the
transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Changes in Terms
We may change any terms of this agreement at any time. If the change would result in
increased fees for any SCNB Internet banking service, increased liability for you, fewer
types of available electronic fund transfers, or stricter limitations on the frequency of
dollar amount of transfers, we agree to give you notice at least 21 days before the
effective date of any such change, unless an immediate change is necessary to maintain the
security of an account or our electronic funds transfer system. We will post any required
notice of the change in terms on the SCNB web site and forward it to you by postal mail.
If advance notice of the change is not required, and disclosure does not jeopardize the
security of the account or our electronic fund transfer system, we will notify you of the
change in terms within 30 days after the change becomes effective. Your continued use of
any or all of the subject SCNB Internet banking services indicates your acceptance of the
change in terms. We reserve the right to waive, reduce or reverse charges of fees in
individual situations. You acknowledge and agree that changes to fees applicable to
specific accounts are governed by the applicable deposit agreements and disclosures.
In Case of Errors or Questions About Your Electronic Transfers, Including Bill
Payments-
Contact us as soon as possible, if you think your paper statement is wrong, or if you need
more information about a transfer listed on your paper statement. We must hear from you no
later than 60 days after we sent the first paper statement upon which the problem or error
appeared. When you contact us:
1. Tell us your name and account number
2. Describe the error you are unsure about, and explain as clearly as you can why you
believe it is an error, or why you need more information.
3. Tell us the dollar amount of the suspected error.
4. If the suspected error relates to a bill payment made via SCNB Internet banking bill
payer, please provide the account number used to pay the bill, payee name, the date the
payment was sent, payment amount, ID number, and the payee account number for the payment
in question.
If you contact us by telephone or by e-mail, we may require that you send us your
complaint or question in the form of paper writing by postal mail or fax within 10
business days.
We will communicate to you the results of our investigation within 10 calendar days after
you contact us and will correct any error promptly. If we need more time however, we may
take up to 45 days to investigate your complaint or question. If we decide to do this, we
will provisionally credit your account within 10 calendar days for the amount you think is
in error, so that you will have the use of the money during the time it takes us to
complete our investigation. If we ask you to put your complaint or question in writing and
we do not receive it in writing within 10 business days, we may not provisionally credit
your account.
We will tell you the results within 3 business days after completing our investigation. If
we determine that there was no error, we will send you a written explanation within 3
business days after we finish our investigation. You may ask for copies of the documents
that we used in our investigation. If there is no error, we may impose on you a reasonable
charge for making such reproductions. If we have made a provisional credit, a
corresponding debit will be made from your account.
Our Liability for Failure to Make a Transfer
If we do not complete a transfer to or from your account, on time or in the correct
amount, according to our agreement with you when you have properly instructed us to do so,
we will be liable to you for your losses or damages caused as a result. However, there are
some exceptions. We will not be liable, for instance:
1. If, through no fault of ours, you do not have enough money in your account to make a
transfer.
2. If a legal order directs us to prohibit withdrawals from the account.
3. If your account is closed, or if it has been frozen.
4. If you, or anyone authorized by you, commits any fraud or violates any law or
regulation.
5. If any electronic terminal, telecommunication device, or any part of the SCNB
electronic funds transfer system is not working properly.
6. If you have not properly followed the on-screen instructions for using SCNB Internet
banking.
7. If circumstances beyond our control such as fire, flood, interruption in telephone
service or other communication lines, or problems arising in connection with transmissions
over the Internet prevent the transfer, despite reasonable precautions that we have taken.
Your Liability for Unauthorized Transfers -
Contact us at once if you believe your password has been lost, stolen, used without your
authorization, or otherwise compromised, or if someone has transferred or may transfer
money from your accounts without your permission. An immediate telephone call to us is the
best way to reduce any possible losses. You could lose all the money in your accounts. If
you contact us within 2 business days after you learn of the loss, theft, compromise, or
unauthorized use of your password, you can lose no more than $50.00 if someone used your
password without your permission.
If you do NOT contact us within 2 business days after you learn of the loss, theft,
compromise, or unauthorized use of your password, and we can prove we could have stopped
someone from using your password to access your accounts without your permission if you
had told us, you could lose as much as $500.00.
Also, if your paper statement shows transfers that you did not make, contact us at once.
If you do not report to us any unauthorized transactions which appear on your statement
within 60 days after the paper statement was mailed to you, you may not get back any money
you lost through transactions made after the 60 day time period, if we can prove that we
could have stopped someone from taking the money if you had told us in time.
Disclaimer of Warranty and Limitations of Liability -
We make no warranty of any kind, express or implied, including any implied warranty of
merchantability or fitness for a particular purpose, in connection with the SCNB Internet
banking services provided to you under this agreement. We do not and cannot warrant that
SCNB Internet banking will operate without errors, or that any or all SCNB Internet
banking services will be available and operational at all times. Except as specifically
provided in this Agreement, or otherwise required by law, you agree that SCNB, our
officers, directors, employees, agents or affiliates are not liable for any indirect,
incidental, special or consequential damages under or by reason of any services or
products provided under this Agreement or by reason of your use of or access to SCNB
Internet banking, including loss of profits, revenue, data or use by you or any third
party, whether in an action in contract or tort or based on a warranty.
Your Right to Terminate -
You may cancel your SCNB Internet banking service at any time by providing us your
signature rescinding your original Agreement or with a written notice by mail. Your access
to SCNB Internet banking will be suspended within 3 business days of your receipt of your
instructions to cancel the service. You will remain responsible for all outstanding fees
and charges incurred prior to the date of cancellation.
Our Right to Terminate -
You agree that we can terminate or limit your access to SCNB Internet banking at any time.
Communication between SCNB and You -
Unless this Agreement provides otherwise, you can communicate with us in any one of the
following ways:
E-mail- You can contact us by e-mail at scnb@scnbank.com. Messages sent via e-mail are not
encrypted; therefore, we recommend that you do not include any sensitive information such
as your social security number or account numbers. SCNB will never request confidential
information through e-mail and please report any such request to us immediately.
(Please note that banking transactions through SCNB Internet banking are not made via
e-mail.)
Telephone - You can contact us by telephone at (417) 723-5225. Our hours are:
Monday through Friday 8:00 am to 5:00 pm
Saturday 8:00 am to 12:00 pm
Fax - You can contact us by FAX at (417) 723-5705
Postal Mail - You can write to us at:
Stone County National Bank
Attention Online Banking Service
P. O. Box 402
Crane, Missouri 65633
In Person - You may visit us in person at any one of our locations.
Retention
This agreement should be printed and retained for future reference.
Consent to Electronic Delivery of Notices -
You agree that any notice or other type of communication provided to you pursuant to the
terms of this Agreement, and any future disclosures required by law, including electronic
fund transfers disclosures, may be made electronically by posting the notice on the SCNB
web site or by e-mail. You agree to notify us immediately of any changes in your e-mail
address.